% APHC010366182025 IN THE HIGH COURT OF ANDHRA PRADESH ^ AT AMARAVATI (Special Original Jurisdiction) a:; FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18346 OF 2025 y~A- Between: Velineni Swarna Kumari, W/o. Srinivasa Rao, Aged 48 years, R/o. Door No.3- ' 27, Takkeltapadu Village, Pedakakani Mandal, Guntur District. ...Petitioner AND State of Andhra Pradesh, Panchayat Raj and Rural Development Rep.by its Principal Secretary, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Panchayat Officer, Guntur, Guntur District. S.Takkellapadu Grama Panchayat, Takkellapadu Village, Pedakakani Mandal, Guntur District. Rep. by its Panchayat Secretary. 1. The Department, ...Respondents , Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction especially one in the nature of Writ of Mandamus declaring the action of the 4^'^ respondent, Panchayat Secretary, in issuing the Notice in Rc.No. 21 of 2025 dated 04-07-2025 directing the petitioner to vacate the premises admeasuring Ac.0.10 cents in Survey No. 73/2 of Takelfapadu Village, Pedakakani Mandal, Guntur District withouf/ •ir. considering her pending representation dated 21-05-2025 for extension of the lease for a further period of 20 years as contrary to law, arbitrary, illegal, unjust and violative of principles of natural justice and consequently direct the respondents to consider the petitioners representation dated 21-05-2025 for extension of the lease for a further period of 20 years. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Notice in Rc. No. 21 of 2025 dated 04-07-2025 issued by the 4 respondent, Panchayat Secretary, directing the petitioner to vacate the subject premises admeasuring Ac.0.10 cents in Survey No. 73/2 of Takellapadu Village, Pedakakani Mandal, Guntur District, pending disposal of the writ petition. Counsel for the Petitioner: SRI P SAI SURYA TEJA ^ Counsel for the Respondents 1 & 2: GP FOR PANCHAYAT RAJ.^& RURAL DEVELOPMENT th Counsel for the Respondent No.3: SRI M. SUDHIR, SC FOR GRAM PANCHAYAT The Court made the following order: APHC010366182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18346/2025 Between: 1.VELINENI SWARNA KUMARI, W/0. SRINIVASA RAO, AGED 48, R/0. DOOR NO.3-27, TAKKELTAPADU VILLAGE, PEDAKAKANI MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, REP.BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT PANCHAYAT OFFICER, GUNTUR, GUNTUR DISTRICT. 3.TAKKELLAPADU GRAMA PANCHAYAT, TAKKELLAPADU VILLAGE, PEDAKAKANI MANDAL, GUNTUR DISTRICT. REP. BY ITS PANCHAYAT SECRETARY. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toPleased to issue an order or direction especially one in the nature of Writ of Mandamus declaring the action of the 4 respondent, Panchayat Secretary, in issuing the Notice in Rc. No. 21 of 2025 dated 04-07-2025 directing the petitioner to vacate the premises 2 NV,J W.P.No, 18346 of 2025 admeasuring Ac.O.IOcents in Survey No. 73/2 of Takelfapadu Village Pedakakani Mandal, Guntur District without considering her pending representation dated 21-05- 2025 for extension of the lease for a further period of 20 years as contrary to f ■ ■ , r illegal, unjust and violative of principles of natural justice and consequently direct the respondents to consider the petitioners representation for extension of the lease for a further period of 20 dated 21-05-2025 years and to pass lA NO: 1 OF 2n7fi 'h® Circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the Notice in Rc. No. 21 of 2025 dated 04-07-2025 issued by the 4 respondent, Panchayat Secretary, directing the petitioner to vacate the subject premises admeasuring Ac.O.IOcents in Survey No. 73/2 of Takellapadu Village, Pedakakani District, pending disposal of the writ petition and Mandal, Guntur to pas Counsel for the Petitioner: 1.PSAISURYATEJA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 NV,J W.P.No.18346 of 2025 BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION N0.18346 of 2025 THE HON ORDER:- This writ petition is filed seeking to issue Writ of Mandamus of the 4*^ respondent, Panchayat Secretary, in 1. declaring the action issuing the Notice in Rc. No. 21 of 2025 dated 04-07-2025 directing to vacate the premises admeasuring Ac.0-10 cents in the petitioner Survey No. 73/2 of Takeiiapadu Viilage, Pedakakani Mandai, Guntur her pending representation dated District without considering 21-05-2025 for extension of the lease for a further period of 20 years arbitrary, illegal, unjust and violative of principles of consequently direct the respondents to consider dated 21-05-2025 for extension of the as contrary to law, natural justice and the petitioner representation lease for a further period of 20 years. 2. Learned counsel for the petitioner submits that the petitioner is extent of Ac.0-10 , the existing leaseholder of land admeasuring an cents in Sy. No. 73/2 of Takeiiapadu Village, leased from the Gram of establishing and operating a Community Panchayat for the purpose Safe Drinking Water period of 15 years, commencing on Scheme (RO Plant). The lease was granted for a 01.08.2010 and ending on ■ r NV,J W.P.No.18346of2025 31.07.2025. Pursuant to this, a lease agreement was executed between the petitioner and the third respondent on 01.06.2011. Learned counsel for the petitioner submits that, in accordance with Clauses (4) and (17) of the lease agreement, the petitioner is entitled to seek an extension of the lease term upon completion of the initial lease period. As per the said provision, the petitioner submitted a representation dated 21.05.2025, requesting the third respondent to extend the lease, particularly in view of the financial hardship faced during the COVID-19 pandemic, which led to nearly two years of business disruption and delayed recovery of the capital investment. However, despite the Gram Panchayat receiving the representation 21.05.2025, no decision has been communicated, neither granting the extension nor rejecting the request. Instead, the respondents issued a notice dated 04.07.2025, directing the petitioner to vacate the subject water plant and hand over possession to the Gram Panchayat. Aggrieved by the said action, the present writ petition is filed. on 3. On the other hand, Sri M. Sudhir, learned Standing Counsel for Takkellapadu Gram Panchayat furnished written instructions submitted by the Panchayat Secretary, Takkellapadu, Pedakakani Mandal, wherein it is stated that the Gram Panchayat has leased Ac.0-10 cents of land in Sy.No.73/2 of Takkellapadu village to the petitioner for 5 NV,J W.P.No. 18346 of 2025 establishment and operation of Community Safe Drinking Water Scheme under lease agreement from 01.08.2010 to 31.07.2025. The lease agreement is coming to expire on 31.07.2025. So, the gram panchayat wants to run RO Water Plant on its own to provide safety drinking water to public. Hence, the Gram Panchayat has rejected the request made by the petitioner. Learned Standing Counsel further submits that, submits that the 4. petitioner has no enforceable rights over the subject property, as the • lease period previously granted is already getting expired. Any extension of the lease, even under the clauses cited by the petitioner. requires mutual consent between the petitioner and the third respondent. It is further submitted that the third respondent, through its resolution dated 03.07.2025, has decided to operate the Community Safe Drinking Water Scheme through the Gram Panchayat itself, without leasing it to any third party, in the larger interest of the village residents. Therefore, the impugned notice does not warrant any interference by this Hon’ble Court and requested to dismiss the writ petition. Heard Sri P. Sai Surya Teja, learned counsel for the petitioner, Sri M. Sudhir, learned Standing Counsel for Respondent 5. 6 NV,J W.P.No.18346 of 2025 No.S/Takkellapadu Grama Panchayat and perused the material available on record. Clause (4) of the Lease Agreement stipulates that upon expiry of the lease term, the project shall be handed back to the Panchayat, and any extension of the lease shall be subject to mutual consent of both parties. Similarly, Clause (17) of the Lease Agreement stipulates that the lessee is obligated to return the property in the same condition as it was at the time of leasing, on or before 31.07.2025. 6. 7. Upon perusal of Clauses (4) and (17) of the Lease Agreement, it is evident that where the first party has expressed its willingness for extension of the lease, it becomes the duty of the second respondent, being a party to the agreement, to duly consider such request and communicate its consent or refusal accordingly. Having received the representation from the petitioner, the third respondent is under obligation to consider the same and pass appropriate orders in accordance with law, in terms of the lease agreement. 8. Therefore, this writ petition is disposed of, directing the third respondent to consider the representation of the petitioner dated 21.05.2025 with reference to Clauses in the Lease Agreement particularly Clauses (4) & (17), and pass speaking order, within a period of two (02) weeks from the date of receipt of copy of this order. more 7 NV,J W.P.No. 18346 of 2025 The respondents are hereby directed not to evict the petitioner from the subject leased premises until a speaking order is passed in accordance with law. 9. Consequently, miscellaneous applications pending if any, shall also stand closed. officer //TRUE COPY// ON SE' To, 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Panchayat Officer, Guntur, Guntur District. 3. The Panchayat Secretary, Takkellapadu Grama Panchayat, Takkellapadu Village, Pedakakani Mandal, Guntur District.' 4. One CC to Sri P Sai Surya Teja, Advocate [OPUC]"" 5. One CC to Sri M. Sudhir, SC for Gram Panchayat [OPUC] 6. Two CCs to GP for Panchayat Raj & Rural Development, High dourt of Andhra Pradesh [OUT] 7. Two CD Copies RAM HIGH COURT DATED: 18/07/2025 5 t ilJL 2075 ^ Current Section . ORDER WP NO. 18346 OF 2025 DISPOSING OF THE WP WITHOUT COSTS